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peteryang2981

Can I-130 get approve after two denied i-129f for different individual

By peteryang2981 in IR-1 / CR-1 Spouse Visa Process & Procedures

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peteryang2981 Apprentice

peteryang2981   2

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Filed: IR-1/CR-1 Visa Country: Laos
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I am inquiring this on visa journey for a friend who is in need of some advice. I'm going to give some background information so please bear with me. My friend Jerry has initially petition for his girlfriend at the time to come to USA on a fiance visa. Half way through the process she decides to leaving him. He then meets his now fiance, and decides to petition for her to come over. Believing the the first petition has expire he decides to send in the second petition. Don't ask why he did it.. I already did and it got no where :) Both petition has been denied by USCIS.  His current fiance, and him have an ongoing relationship for 4 years now. They are getting marry and will be filing the I-130. What are his chances of getting the i130 approve and if anyone could give any recommendations as to what he should do ahead or while submitting the i130.

 

Thanks!!!

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Villanelle Experienced

Villanelle   4,121

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Filed: Timeline
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Why was the second petition denied?

 

The 130 is just for establishing a relationship. If they have a marriage certificate and proof of the relationship they should be approved. The issue would be with the CR visa part. Depending on why she was denied a K visa she may have issues with the CR. Its important to know why the K was denied so it can be addressed in the CR process. 

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Ryan H Grand Master

Ryan H   3,796

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Filed: Lift. Cond. (apr) Country: China
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Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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pushbrk Grand Master

pushbrk   12,234

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Filed: Other Country: China
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4 hours ago, Damara said:

Why was the second petition denied?

 

The 130 is just for establishing a relationship. If they have a marriage certificate and proof of the relationship they should be approved. The issue would be with the CR visa part. Depending on why she was denied a K visa she may have issues with the CR. Its important to know why the K was denied so it can be addressed in the CR process. 

She was not denied a visa because she never applied for one. The second petition was denied because the man had two active petitions at the same time.  He may also have neglected to answer the question about previous petitions correctly.  We cannot know that without seeing his second petition and knowing the dates etc.  (Don't show us the petition.)

 

Going forward, he needs to get on the truth train and stay on it.  Unless he's willing, able, and dedicated enough to study instructions and forms carefully, this is probably not a do it yourself situation.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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pushbrk Grand Master

pushbrk   12,234

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Filed: Other Country: China
 Timeline
Posted
1 hour ago, peteryang2981 said:

Does he have a good chance that if he marries his now fiance that the petition would get approve?

 

Petition approval is the easy part.  So, sure.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted (edited)
9 hours ago, peteryang2981 said:

Does he have a good chance that if he marries his now fiance that the petition would get approve?

 

Approval of the petition by UCSIS is the easy part as long as he has a marriage certificate.

Approval of the immigration visa by the US Embassy after the petition is approved is another matter.  This is the not so easy part.

Edited by Jojo92122
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